Item O03 0.3
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: 0.3
Agenda Item Summary #11897
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan 3052953170
N/A
AGENDA ITEM WORDING: Authorization to initiate litigation against CYNTHIA N.
SANDHUSEN and her property, Vacant Land, Cudjoe Key, Florida, to seek compliance with the
County Code and enforce the lien(s) arising from code compliance case number CE20110076.
ITEM BACKGROUND:
CE20110076: This property has been the subject of a code compliance case for failure to obtain
required building permit(s) for two (2) containers (not compliant), a shed (compliant) and unlicensed
vehicles - flatbed trailer (compliant). The fines total $72,700.00 as of March 20, 2023 and will
continue to accrue at$100.00 per day, until compliance is achieved.
A hearing was scheduled for January 28, 2021 and the property owner signed a Stipulation to code
violation and for time to comply for first time offenses on January 25, 2021. On January 28, 2021
the Special Magistrate approved the stipulated agreement with a compliance date of March 22, 2021.
The County's lien was recorded on March 24, 2021. A subsequent hearing was held on May 26,
2022 and the property owner was present. The Special Magistrate found the property was still in
violation and granted the County's motion to proceed with collections. The code case remains open
for non-compliance and failure to pay outstanding fines and costs.
The Monroe County Property Appraiser lists the Just Market Value at$184,375. The property is not
homesteaded and there are no pending foreclosures actions at this time. There is a mortgage, which
predates the County's lien.
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the
County's lien on this property are:
1. Initiate litigation against the property owner for injunction, foreclosure, money judgment and
writ of execution;
2. Allow the liens to remain against the property owner, the subject property and any other
property owned by the property owner; and/or
3. Reduce the amount of the fines.
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0.3
County staff recommends initiating litigation (option 1) against the property owner for injunction,
foreclosure, money judgment and writ of execution.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Resolution No. 057-2014 on March 19, 2014 adopting "ATTACHMENT A" as
Procedure to be used after a Final Order has been rendered by the Code Compliance Special
Magistrate to initiate injunctive relief for non-compliant properties, foreclosure and/or money
judgment actions for collection of unpaid fines and/or costs from a property owner.
On February 15, 2023, BOCC approved litigation for the adjacent property (22725 Old State Rd.
4A)under the same ownership for Code cases CE18060108 and CE20110073.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: APPROVAL
DOCUMENTATION:
Resolution 057-2014 LIEN PROCESS
AIS Supporting docs CE20110076 Sandhusen
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: YES
Source of Funds: BUDGETED
CPI:
Indirect Costs: 2500.00
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
04/19/23 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
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0.3
REVIEWED BY:
Cynthia McPherson Completed 03/21/2023 4:45 PM
Kelly Dugan Completed 04/03/2023 12:29 PM
Bob Shillinger Completed 04/03/2023 12:30 PM
Lindsey Ballard Completed 04/03/2023 12:46 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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